Bill Text: HI HB1259 | 2022 | Regular Session | Introduced
Bill Title: Relating To Vacancies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB1259 Detail]
Download: Hawaii-2022-HB1259-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1259 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VACANCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 17-2, Hawaii Revised Statutes, is amended to read as follows:
"§17-2 United States
representative[.]; state senator; state representative. When a vacancy occurs in the [representation]:
(1) Representation
of this State in the United States House of Representatives[,];
(2) Membership of the
state senate; or
(3) Membership of the
state house of representatives,
the chief election officer shall issue a
proclamation for an election to fill the vacancy. The proclamation shall be issued [not]
no later than on the sixtieth day [prior to] before the
election to fill the vacancy and shall contain the date, time, and places where
the special election is to be held, the time within which nomination papers
shall be filed, the time for transmitting to county clerks the notice
designating the offices for which candidates are to be elected, the time for
transmitting to county clerks lists of candidates to be voted for at the
special election, and [such] any other [matter] matters
as provided for in section 11-91 [and which] that are not
inconsistent with this section. The
special election shall be conducted and the results ascertained so far as
practicable, in accordance with this title."
SECTION 2. Section 17-3, Hawaii Revised Statutes, is repealed.
["§17-3 State senator. (a)
Whenever any vacancy in the membership of the state senate occurs, the
term of which ends at the next succeeding general election:
(1) The governor
shall make an appointment within sixty calendar days following the first day of
vacancy to fill the vacancy for the unexpired term by selecting a person from a
list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall
be at the time of appointment, and for at least six months immediately prior to
the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior
incumbent. The political party shall
submit the list of prospective appointees to the governor within thirty
calendar days following the first day of vacancy; and
(2) If the prior
incumbent was not a member of any political party, the governor shall, within
sixty calendar days following the first day of vacancy, appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and who is not, and has not been for at least six months prior to the
appointment, a member of any political party.
(b) In the case of a vacancy, the term of which
does not end at the next succeeding general election:
(1) If it occurs
not later than on the tenth day prior to the close of filing for the next succeeding
primary election, the vacancy shall be filled for the unexpired term at the
next succeeding general election. The
chief election officer shall issue a proclamation designating the election for
filling the vacancy. All candidates for
the unexpired term shall be nominated and elected in accordance with this
title. Pending the election, the governor
shall make a temporary appointment to fill the vacancy, and the person so
appointed shall serve until the election of the person duly elected to fill the
vacancy. The governor shall make the
appointment from a list of three prospective appointees submitted by the same
political party as the prior incumbent.
The appointee shall be, at the time of the appointment, and shall have
been, for at least six months immediately prior to the appointment, a member of
the political party. The appointee
shall, at the time of appointment, be a resident of the same senate district as
the prior incumbent. If the prior
incumbent was not a member of any political party, the governor shall appoint a
person who is at the time of appointment a resident of the same senate district
as the prior incumbent and is not and has not been, for at least six months
immediately prior to the appointment, a member of any political party;
(2) If it occurs
later than on the tenth day prior to the close of filing for the next
succeeding primary election but not later than on the sixtieth day prior to the
next succeeding primary election, or if there are no qualified candidates for
any party or nonpartisan candidates qualified for the primary election ballot,
nominations for the unexpired term may be filed not later than 4:30 p.m. on the
fiftieth day prior to the next succeeding primary election. The chief election officer shall issue a
proclamation designating the election for filling the vacancy. Pending the election the governor shall make
a temporary appointment to fill the vacancy and the person appointed shall
serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from
a list of three prospective appointees submitted by the same political party as
the prior incumbent. The appointee shall
be, at the time of the appointment, and shall have been, for at least six
months immediately prior to the appointment, a member of the political
party. The appointee shall, at the time
of appointment, be a resident of the same senate district as the prior
incumbent. If the prior incumbent was
not a member of any political party, the governor shall appoint a person who is
at the time of appointment a resident of the same senate district as the prior
incumbent and is not and has not been, for at least six months immediately
prior to the appointment, a member of any political party;
(3) If it occurs
after the sixtieth day prior to the next succeeding primary but not later than
on the fiftieth day prior to the next succeeding general election, or if there
are no qualified candidates for any party or nonpartisan candidates in the
primary, the vacancy shall be filled for the unexpired term at the next
succeeding general election. The chief
election officer shall issue a proclamation designating the election for
filling the vacancy. Party candidates
for the unexpired senate term shall be nominated by the county committees of
the parties not later than 4:30 p.m. on the fortieth day prior to the general
election; nonpartisan candidates may file nomination papers for the unexpired
term not later than 4:30 p.m. on the fortieth day prior to the general election
with the nonpartisan candidate who is to be nominated to be decided by lot,
under the supervision of the chief election officer. The candidates for the unexpired term shall
be elected in accordance with this title.
Pending the election, the governor shall make a temporary appointment to
fill the vacancy, and the person appointed shall serve until the election of
the person duly elected to fill the vacancy.
The governor shall make the appointment from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment,
and shall have been, for at least six months immediately prior to the
appointment, a member of the political party.
The appointee shall, at the time of appointment, be a resident of the
same senate district as the prior incumbent.
If the prior incumbent was not a member of any political party, the
governor shall appoint a person who is at the time of appointment a resident of
the same senate district as the prior incumbent and is not and has not been,
for at least six months immediately prior to the appointment, a member of any
political party;
(4) If it occurs
after the fiftieth day prior to the next succeeding general election or if no
candidates are nominated, the governor shall make an appointment to fill the
vacancy for the unexpired term by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same senate district as the prior incumbent. If the prior incumbent was not a member of
any political party, the governor shall appoint a person who is at the time of
appointment a resident of the same senate district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party."]
SECTION 3. Section 17-4, Hawaii Revised Statutes, is repealed.
["§17-4 State representatives. (a)
Whenever any vacancy in the membership of the state house of
representatives occurs, the governor shall make an appointment within sixty
calendar days following the first day of vacancy to fill the vacancy for the
unexpired term by selecting a person from a list of three prospective
appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of
appointment, and shall have been, for at least six months immediately prior to
the appointment, a member of the political party. The appointee shall, at the time of
appointment, be a resident of the same state representative district as the
prior incumbent. The political party
shall submit the list of prospective appointees to the governor within thirty
calendar days following the first day of vacancy.
(b) If the prior incumbent was not a member of
any political party, the governor, within sixty calendar days following the
first day of vacancy, shall appoint a person who is at the time of appointment
a resident of the same state representative district as the prior incumbent and
is not and has not been, for at least six months immediately prior to the
appointment, a member of any political party."]
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Vacancies; State Senators; State Representatives
Description:
Requires vacancies in the offices of state senator and state representative to be filled by special election.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
